MARTINEZ — Two alleged gang members are heading to trial, charged with murdering a San Pablo man in a 2014 drive-by shooting, court records show.

But a key confession was ruled inadmissible during a preliminary hearing, leading to murder charges being dismissed against a third defendant, and weakening the case against the remaining two.

Alexis Herrera and Juan Cortez were charged with murder and gang enhancements in the May 2014 shooting death of Michael Kelly, 20. Prosecutors allege that Herrera and Cortez were members of a street gang based in Northern California, and that Kelly had made derogatory comments about one of their friends who was killed in an unrelated 2014 shooting.

A third defendant originally charged with murder after he confessed to acquiring and driving a stolen car for the killing was released when a Contra Costa judge ruled his confession had been improperly obtained. His statements implicated Cortez and Herrera in the killing as well, but he only confessed after a San Pablo police detective promised him he wouldn’t be charged with murder, the judge ruled.

Kelly was shot to death at about 9:20 p.m. on May 10, 2014, outside a residence on the 1300 block of Stanton Avenue. Witnesses reported seeing a dark-colored SUV pull up, a window roll down and a gunman fire several shots, striking Kelly multiple times.

Minutes before the shooting, Cortez was seen driving by in a different car, according to police testimony. He is suspected of giving the SUV’s driver, as well as Herrera — the alleged gunman — a ride from the area after they ditched the stolen car.

A police investigation revealed that days before the shooting, Kelly had been captured on video making threatening comments about Herrera and Cortez, referring to them by their nicknames, according to police testimony. A detective also …read more

Source:: East Bay Times